Ditshwanelo tsa Tlhokomelo tsa OHS Act Aforika Borwa

Equipment failure in a South African factory or plant is not only costly in downtime (often R50,000 or more per hour for a production line) but can lead to injury, prosecution, and inspector stoppages. The Occupational Health and Safety Act 85 of 1993 (OHS Act) places clear legal duties on employers who operate or maintain plant, machinery, or equipment. Maintenance is not optional: the Act and its regulations require safe systems of work, regular inspections, and documented records. This guide sets out the OHS Act maintenance requirements that apply to you, what you must keep on file, and how a computerised maintenance management system (CMMS) can help you meet them.

The OHS Act is the main law governing workplace health and safety in South Africa. It places duties on employers, self-employed persons, and users of machinery to ensure, so far as is reasonably practicable, that the working environment is safe and without risk to health. Two sets of regulations are especially relevant to maintenance: the General Machinery Regulations, 1988 (GMR), which govern the use and supervision of machinery, and the Pressure Equipment Regulations, 2009 (PER), which govern pressure vessels, steam generators, and related equipment. Both impose inspection, testing, and record-keeping duties. In practice, OHS Act maintenance requirements mean reading the Act together with these regulations and any approved codes of practice or inspectorate guidance. For mining-specific duties, see MHSA maintenance requirements for South African mines.

Section 8: Employer Duties and Maintenance

Section 8 of the OHS Act sets out the general duties of employers to their employees. It is the foundation for workplace safety maintenance requirements.

Safe Plant, Systems, and Equipment

Every employer must provide and maintain, as far as is reasonably practicable, a working environment that is safe and without risk to health. In practice this includes:

Systems of work, plant and machinery that are safe and without risks to health.
Safe arrangements for the production, processing, use, handling, storage, or transport of articles or substances.
Equipment and workplaces maintained through regular inspection, servicing, and repair so that they remain safe.

Maintenance is therefore a direct consequence of Section 8: equipment and workplaces must be kept in a condition that does not create risk. What is “regular” and what is “reasonably practicable” depends on the nature of the equipment, the hazards it creates, and the context of use.

Supervision and Information

Section 8 also requires employers to provide such information, instructions, training, and supervision as may be necessary to ensure the health and safety of employees. For maintenance, this means:

Ensuring that persons who perform or supervise maintenance are competent and adequately trained.
Making sure that maintenance procedures (including lockout, isolation, and re-commissioning) are clearly communicated and followed.

Hazard Control and “Reasonably Practicable”

Employers must identify hazards and take steps to eliminate or mitigate them. Personal protective equipment (PPE) is a last resort once engineering and administrative controls (including maintenance) have been applied. “Reasonably practicable” means the degree of effort required is proportionate to the risk. A food plant in KZN running pressure vessels and conveyors must have more systematic and frequent maintenance than an office with typical workstations. Courts and inspectors consider what was known, what was feasible, and the gravity of potential harm when assessing compliance. In practice, you cannot skip maintenance because it is inconvenient or costly. If machinery could cause serious injury or death if it fails, the law expects a robust maintenance and inspection regime, with records to prove it.

General Machinery Regulations: Supervision and Safeguarding

The General Machinery Regulations (GMR), published under Government Notice R1521 of 1988, impose detailed duties on employers and users of machinery. They are currently under review; a draft of new General Machinery Regulations was published for comment in 2025 (see below). The following reflects the current GMR and the main themes of the draft.

Designation of a Competent Person

Regulation 2(1) of the GMR requires an employer or user of machinery to designate in writing a person in a full-time capacity for every premises where machinery is used, to ensure compliance with the Act and the GMR. That person must be a competent person as defined in the regulations. The Chief Inspector may allow more than one person to be designated, or permit designation of someone with other qualifications under conditions.

Under the current GMR, a “competent person” in relation to machinery includes persons who have served an apprenticeship (or had at least five years’ practical experience) in the operation and maintenance of machinery, plus at least one year’s experience appropriate to the class of machinery they supervise; persons with an engineering diploma (e.g. mechanical or electrotechnical at T3/N5 level) and two years’ practical experience; graduate engineers with two years’ post-graduate experience and a pass in the prescribed examination; or certificated engineers. Higher power thresholds (e.g. over 1200 kW or 3000 kW) require the designated person to hold higher-level qualifications.

GMR 2025 Draft: Competent Person and Scope

The Department of Employment and Labour published draft General Machinery Regulations in 2025 for public comment (Government Notice 53210 of 22 August 2025). Key proposed changes relevant to maintenance and supervision include:

Competent person definition: The draft updates the definition to include persons who have successfully completed an apprenticeship or accredited learnership in an engineering trade that included the operation and maintenance of machinery, or who have at least five years’ practical experience. This formally brings learnerships in line with apprenticeships. The draft also removes the “graduate engineer” route from the definition in its current form, narrowing the routes to competency.
Full-time competent person per premises: The draft reinforces the requirement for a full-time designated competent person per premises where machinery is used, emphasising that supervision of machinery must be resourced on a dedicated basis.
Extended machinery scope: The draft broadens the range of machinery and equipment covered, which may bring more assets under inspection and maintenance obligations.

Employers should monitor the finalisation of these regulations and align maintenance and staffing with the updated definitions and scope once promulgated. For what is changing, see the General Machinery Regulations 2025 draft and how to prepare.

Safeguarding and Operation

GMR Regulation 3 requires employers and users to ensure that machinery is suitable, installed, operated, and maintained so as to prevent exposure to hazardous or potentially hazardous conditions; that dangerous parts are effectively safeguarded; and that safety equipment is kept in good working order and properly used. Regulation 4 deals with operation: operators must be aware of dangers and precautionary measures, and machinery that requires constant attention must be under the supervision of a shiftsman who is present while it is in operation. Maintenance plans and records support compliance by demonstrating that equipment is kept in a safe condition and that supervision is informed by up-to-date asset status.

Pressure Equipment Requirements

Pressure equipment (pressure vessels, steam generators, piping, and associated fittings) is governed by the Pressure Equipment Regulations, 2009 (PER), under the OHS Act. Users must ensure that pressure equipment is inspected and tested before commissioning and at specified intervals thereafter.

Initial inspection and testing: Before commissioning, equipment must be inspected and tested in line with the PER (e.g. witnessed internal and external inspections and hydraulic pressure tests by an approved inspection authority, unless the regulation provides otherwise).
In-service intervals: Fire-tube steam generators generally require external inspection every 12 months and witnessed hydraulic testing and crack detection every 36 months. Other pressure vessels and steam generators have their own intervals under the PER.
Repairs and modifications: PER Regulation 13 requires that repairs and modifications be properly assessed and documented so that the integrity of the pressure equipment is not compromised. All work must align with manufacturer specifications and applicable standards.

These pressure equipment requirements are part of the overall OHS Act maintenance requirements: they define minimum inspection and testing frequencies and the need for documented evidence of compliance.

Maintenance Record-Keeping Obligations

Under the OHS Act and its regulations, employers and users of machinery must keep records that demonstrate compliance. Although the exact wording differs between the GMR and the PER, the following are commonly required or expected:

Performance tests and examinations: Records of when tests and examinations were done, by whom, and the outcome (e.g. pass/fail, conditions imposed). For pressure equipment, the PER requires that these be documented in line with Regulation 14.
Modifications and repairs: A record of any modifications or repairs to machinery or pressure equipment, including what was done and when, so that the history of the asset is traceable. PER Regulation 13 ties repairs and modifications to documented assessment and integrity.
Register on premises: The GMR framework and related practice often expect a register (or equivalent) of machinery and/or pressure equipment to be kept on the premises, with particulars of tests, examinations, and repairs, and to be available for inspection by an inspector when requested.

What Employers Should Retain in Practice

In practice, employers should retain for each relevant asset or system: the identity and location of the equipment; the date and type of each inspection, test, or service; the name and capacity of the person who performed or witnessed it (e.g. competent person, approved inspection authority); the result (e.g. passed, failed, conditions or limitations); and any defects found and remedial action taken. For pressure equipment, certificates or reports from approved inspection authorities should be kept with the asset record. Records may be kept in hard copy or electronically, but they must be retrievable and legible when an inspector or auditor asks to see them. PER Regulation 14 explicitly sets out record-keeping requirements for pressure equipment. Keeping these records in one place, with clear dates and responsible persons, is essential for proving compliance during an audit or inspector visit.

Inspection Scheduling Requirements

Inspection and testing must be scheduled so that they occur at the intervals required by law and by the manufacturer or applicable standards. Key intervals under South African regulations include:

Asset or system	Inspection / test	Maximum interval
Lifting machinery (full examination)	Comprehensive examination and performance testing	12 months
Lifting machinery (ropes, chains, hooks, sheaves, brakes, safety devices)	Examination	6 months
Fire-tube steam generators	External inspection	12 months
Fire-tube steam generators	Witnessed hydraulic test and crack detection	36 months
Other pressure vessels and steam generators	As per PER and applicable approval	Per PER / standard

For general machinery under the GMR, the obligation is to maintain equipment so that it does not expose persons to hazard. That implies a risk-based approach: higher-risk or critical equipment should have more frequent inspections and servicing, documented in a schedule. Manufacturer manuals and any applicable South African National Standards (SANS) or industry codes may specify additional intervals; these should be incorporated into your maintenance schedule. A CMMS can hold these intervals and generate work orders so that nothing is missed, and can flag overdue tasks for immediate attention.

Penalties for Non-Compliance

Non-compliance with the OHS Act and regulations can result in enforcement action and serious consequences.

GMR offences: Contravention of specified provisions of the GMR (including designation of a competent person, safeguarding, operation, and related notices) can lead to a fine or imprisonment (under the current regulations, up to R1,000 or six months, with daily penalties for continuing offences). Note that amendment bills and administrative penalty regimes may increase these amounts.
Administrative fines: Amendments to the OHS Act introduce the possibility of administrative fines issued by inspectors for health and safety violations, which can be significant and can be applied per instance of non-compliance.
Criminal prosecution: In serious cases, including where negligence leads to injury or death, employers and responsible persons may face criminal prosecution. Penalties can include larger fines and imprisonment; fatalities can lead to charges such as culpable homicide with severe sentences.

Failure to maintain equipment, keep records, or schedule inspections can be cited as part of a breach of Section 8 or the regulations. Maintaining a clear audit trail of maintenance and inspections helps show that you have taken reasonably practicable steps to comply. Proactive record-keeping also speeds up responses during an incident investigation or an inspector’s visit, when you may be asked to produce evidence of recent inspections and maintenance for the equipment involved.

How a CMMS Supports OHS Act Compliance

A computerised maintenance management system (CMMS) does not replace your legal obligations, but it can help you meet them consistently and prove it to inspectors and auditors.

Templates and Standard Procedures

A CMMS can store standard job plans and checklists for inspections and tests required by the GMR, PER, and your own risk assessments. Templates ensure that the same steps are followed every time (e.g. lockout, inspection points, pass/fail criteria) and that nothing is omitted. This supports both Section 8 (safe systems of work) and regulation-specific requirements.

Scheduling and Intervals

OHS Act maintenance requirements and the PER impose fixed intervals (e.g. 6 months, 12 months, 36 months). A CMMS can define these intervals per asset or asset type and generate work orders automatically when due. This reduces the risk of missed inspections and helps you demonstrate that inspections are scheduled and performed on time.

Audit Trail and Records

Inspectors and auditors expect to see records of what was done, when, and by whom. A CMMS that records completed work orders, findings, and follow-up actions provides a single place for maintenance and inspection history. If the system supports attachments (e.g. inspection reports, certificates), you can link them to the asset and the work order, making it easier to produce evidence during an inspection or audit.

Digital Sign-Off and Competent Persons

Where work must be performed or approved by a competent person, a CMMS can record who performed or signed off the task. That supports the GMR requirement for a designated competent person and helps you show that inspections and maintenance were carried out by authorised, qualified personnel.

Meeting OHS Act maintenance requirements means scheduling inspections on time, keeping a clear audit trail, and producing records when an inspector or auditor asks. See how Lungisa helps South African operations stay audit-ready with scheduled inspections, competent-person sign-off, and one system of record for mining, manufacturing, and facilities.

This article is for general information only and does not constitute legal advice. Maintenance and inspection obligations depend on your specific machinery, pressure equipment, and circumstances. For advice on your duties under the OHS Act and regulations, consult a qualified legal or health and safety professional.